ANSWERS: 1
  • The meaning of a clear criminal background check depends on the context in which the information is needed. The meaning can be affected by law, or relate to a particular employer's requirements.

    No Records

    If a thorough search of criminal case records available from the federal and state courts does not disclose any information whatsoever about a person, this will be considered a clear background check in every case.

    Expungement Records

    Every state has some form of expungement law that is designed to "erase" a criminal conviction. However, even after an expungement order is made, a check of criminal records may disclose the conviction. In most situations, this would still be considered a clear background check.

    Employer Requirements

    Employers have differing requirements on what constitutes a clear criminal background check. While no employer will consider a felony conviction as clear, some will not even clear certain misdemeanor convictions.

    Employment Law

    Although federal law permits a background investigation company to report criminal convictions indefinitely, California law prohibits reporting criminal convictions that occur more than seven years prior to the date of the report.

    Arrest Records

    California law also prohibits reporting records of arrests or indictments if there was no resulting criminal conviction.

    Source:

    FBI: Background Investigations

    Texas Commission on Law Enforcement: FAQs

    Employment Background Checks in California

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